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AR HB1608

Bill

Status

Passed

3/23/2011

Primary Sponsor

Jim Nickels

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Origin

House of Representatives

88th General Assembly (2011 Regular)

AI Summary

  • Repeals Arkansas Code § 5-4-105, which previously governed expungement and sealing options for criminal records.

  • Amends § 5-64-413 to require courts to expunge records of persons placed on probation for misdemeanor drug offenses under controlled substance provisions.

  • Modifies § 16-90-904(a) to establish that courts must expunge all misdemeanor convictions upon petition unless clear and convincing evidence exists to deny expungement.

  • Exempts seven specific misdemeanor offenses from automatic expungement, including negligent homicide (Class A), battery in the third degree, indecent exposure, public sexual indecency, sexual assault in the fourth degree, domestic battering in the third degree, and driving while intoxicated.

  • Allows exempted offenses to be expunged after five (5) years from sentence completion and requires expungement after that waiting period unless clear and convincing evidence supports denial.

Legislative Description

Regarding The Expungement Of Misdemeanor Convictions.

Last Action

House Notification that HB1608 is now Act 626

3/23/2011

Committee Referrals

Judiciary3/7/2011
Judiciary2/28/2011

Full Bill Text

No bill text available